In short
Florida created its own pole attachment rules in 2021 and took over oversight from the FCC in June 2022. Today the Florida Public Service Commission (FPSC) regulates the rates, terms, and access for attachments to investor owned electric utility poles. Fla. Stat. § 366.04. In 2023 the state extended the same rules to any rural electric cooperative that engages in the provision of broadband. Ch. 2023-199, Laws of Fla.. For municipal electric utility poles, a separate law sets a promotional rate of $1 per wireline attachment per pole per year through December 31, 2028 when the fiber will make broadband available to an unserved or underserved end user. Fla. Stat. § 288.9963. Rights-of-way access on state highways follows the FDOT Utility Accommodation Manual, and local governments must treat communications providers in a nondiscriminatory way. Fla. Stat. § 337.401. An AI data center fiber build usually means negotiating a voluntary pole attachment agreement with the pole owner. If the parties cannot agree, the builder can file a complaint at the FPSC and get a decision within 180 days for denial-of-access complaints or 360 days for rate, term, and condition disputes. Fla. Admin. Code R. 25-18.010. The state framework is young, and no formal pole attachment complaint had been filed as of mid-2023, and the rules remain largely untested. HB 1221 Staff Final Bill Analysis.
Why pole attachments matter for Florida AI data center builds
Florida is the fourth largest AI data center hub in the country, with 120 AI data centers across 17 markets. Florida Specifier. The state also ranks first in the U.S. for submarine fiber landings and third for fiber miles. Florida Specifier. An AI data center depends on high capacity fiber to connect to long haul networks, other AI data centers, and subsea cables. Every mile of that fiber must physically hang on a utility pole or sit inside conduit underground, and a large share of that route crosses land that the builder does not own. Two things control how fast and how expensively that build gets done. They are the terms on which the fiber provider can attach to poles, and the permits the provider needs to occupy public rights of way. Florida law addresses both, but the answer depends on who owns the pole and who controls the road.
The three pole owner types, and who sets the rules for each
Florida law treats pole attachments differently depending on whether the pole belongs to an investor-owned electric utility, a rural electric cooperative, or a municipal electric utility. The definition of a pole covers a pole used for electric distribution service, streetlights, communications services, local exchange services, or cable television services that is owned in whole or in part by a pole owner, but the term does not include a pole used solely to support wireless communications service facilities or a pole with no electrical facilities attached. Fla. Stat. § 366.02(5). An attaching entity under the statute is a person that is a local exchange carrier, public utility, communications services provider, broadband service provider, or cable television operator that owns or controls pole attachments. Fla. Stat. § 366.02(1).
| Pole owner | Who regulates the attachment | Applicable rate standard | Special rules |
|---|---|---|---|
| Investor-owned electric utility (e.g., FPL, Duke Energy Florida) | FPSC | Just and reasonable. FPSC may adopt FCC formulas unless a party shows an alternative cost based rate is better | State regulation started June 2022. Voluntary agreements encouraged |
| Electric cooperative that provides broadband | FPSC | Same as investor-owned utility | Triggered when the co-op itself, an affiliate, or a partner offers broadband, or when the co-op takes state or federal broadband grants |
| Municipal electric utility (e.g., Lakeland) | No FPSC rate regulation, but state law offers a promotional rate | $1 per wireline attachment per pole per year for broadband to unserved or underserved end users through December 31, 2028 | Normal municipal rates are far higher, averaging $23.32 per pole in a 2018 survey |
Investor-owned electric utilities
Before 2021, the FCC directly regulated pole attachments on investor-owned utility poles in Florida under 47 U.S.C. § 224. That ended when the Florida Legislature passed SB 1944, giving the FPSC authority to set rates, terms, and conditions for pole attachments on those poles. Ch. 2021-191, Laws of Fla.. Florida certified to the FCC on June 13, 2022 that its own rules were in place, which meant the FCC no longer had jurisdiction. This move is called reverse preemption and Florida became the 24th state (counting the District of Columbia) to do it. 47 U.S.C. § 224, National Law Review analysis.
The FPSC must regulate and enforce pole attachment rates, charges, terms, and conditions to ensure they are just and reasonable. Fla. Stat. § 366.04(8)(a). The statute encourages voluntary pole attachment agreements between pole owners and attaching entities without FPSC approval. Fla. Stat. § 366.04(8)(c). The right to nondiscriminatory access is the same as under federal law. A pole owner may deny access to its poles on a nondiscriminatory basis when there is insufficient capacity, for reasons of safety and reliability, and when required by generally applicable engineering purposes. Fla. Stat. § 366.04(8)(d).
When the FPSC decides a rate dispute, FCC precedent is not binding. When resolving pole attachment complaints, the FPSC shall apply FCC decisions and appellate court orders regarding pole attachment rates, terms, and conditions unless a pole owner or attaching entity establishes by competent substantial evidence that an alternative cost-based pole attachment rate is just and reasonable and in the public interest. Fla. Stat. § 366.04(8)(a), Fla. Stat. § 366.04(8)(c), Fla. Stat. § 366.04(8)(e). In practice, the FPSC has adopted a procedural rule for complaints but has not yet issued its own rate formula. Until it does, the rates in negotiated agreements and the FCC’s cable and telecom rate formulas serve as the baseline.
A word about the backstory. For roughly 40 years the FCC handled Florida pole attachment disputes. That system produced long, costly fights. AT&T filed complaints against FPL and Duke Energy Florida, arguing the rates they charged were far above what competitors paid. The FCC agreed in part, ordering refunds and lower rates. Those high-profile clashes were a major reason the legislature created a state forum.
Electric cooperatives that provide broadband
Florida has 18 rural electric cooperatives. HB 1221 Staff Analysis. In 2023, the legislature said that if a cooperative provides broadband service itself, through an affiliate, or under an agreement with a third party, or if it accepts state or federal broadband grants, then all of its poles are subject to the same FPSC pole attachment rules as investor-owned utility poles. Ch. 2023-199, Laws of Fla.. As of early 2023, five cooperatives were engaged in or developing broadband service. HB 1221 Staff Analysis. Any pole attachment agreement that was in place before July 1, 2023 stays in effect until it expires or is terminated. Tax alert. The FPSC also gets access to a cooperative’s books and records to the limited extent needed to enforce the pole attachment rules.
Municipal electric utilities
Municipal electric utilities are not regulated by the FPSC for pole attachment rates. Instead, a separate statute offers a promotional rate to broadband providers. If a provider applies to use a municipal electric utility pole to make broadband service available to an unserved or underserved end user within the municipal utility’s service territory, the rate is $1 per wireline attachment per pole per year. Fla. Stat. § 288.9963(3). That promotional rate runs through December 31, 2028 after an extension in 2024. Fla. Stat. § 288.9963(3)(e).
The application must include a route map identifying the poles, together with information identifying the unserved or underserved end users. A copy goes to the Florida Office of Broadband. Fla. Stat. § 288.9963(3)(a). If the provider does not make broadband service available to those customers within 12 months, it may have to pay the prevailing rate for those attachments that failed to make broadband service available to the intended customers. Fla. Stat. § 288.9963(3)(c). If no pole attachment agreement is already in place, the parties have 90 days to enter into one. Fla. Stat. § 288.9963(3)(d).
A municipal utility may not require a pole to be replaced only to accommodate a broadband provider’s attachment unless engineering and safety standards require it. If a replacement is needed to fix an existing violation, bring the pole into code compliance, or because the pole is at the end of its useful life, the municipality cannot charge the broadband provider for the replacement cost. Useful life is defined as at least 30 years for wood utility poles and 50 years for concrete, steel, ductile iron, and all other utility poles. Fla. Stat. § 288.9963(5).
Despite the low promotional rate, it is not a tool that fits most AI data center builds. The rate requires proving that the attachment will serve a specific unserved or underserved end user. A fiber line built to connect an AI data center campus to a long-haul network is not typically designed to deliver broadband to individual homes. As of mid-2024, no broadband provider had used the $1 rate, according to the Florida Municipal Electric Association. Revenue Estimating Conference analysis, HB 1147 (2024). Meanwhile, regular municipal pole attachment rates are among the highest in the country. A 2018 survey found an average municipal rate of $23.32 per pole, more than double the average for private telecommunications companies of $7.69. FCC BDAC survey.
Redundant poles, the 180 day deadline that can catch a builder
Under Florida law, a redundant pole includes a pole near or adjacent to a replacement pole from which some or all pole attachments have not been removed and transferred to the new pole. Fla. Stat. § 366.02(9). The utility must give at least 180 calendar days of advance electronic or written notice to affected attaching entities of major hardening projects the purpose of which is to replace poles to meet extreme wind loading requirements. That notice must include the project scope, the pole locations, the expected start date and the expected completion date, and the date, time, and location of a field meeting to occur no sooner than 15 calendar days and no later than 60 calendar days after the notice. Fla. Stat. § 366.97(1).
Once the attaching entity receives written notice that the pole is redundant, it has 180 calendar days to remove its attachments. If it misses that deadline (unless force majeure or other good cause is agreed to by the parties or determined by the commission within 30 calendar days after the 180-day period), the pole owner can transfer or relocate the attachment at the attaching entity’s expense. The attaching entity must pay the invoice within 60 days and indemnify the pole owner. The pole owner can sue in circuit court to enforce its right to payment and, if it prevails, is entitled to prejudgment interest at the prevailing statutory rate, reasonable attorney fees, and court costs. Fla. Stat. § 366.97(2)(b).
For an AI data center fiber build, a large hardening project along the planned route can disrupt the build schedule. The 180 day removal clock can start while construction is still underway, so the project team needs to track joint use notifications closely. Florida utilities use the National Joint Utilities Notification System (NJUNS) to manage pole transfers. SB 1944 Staff Analysis. The redundant pole rules do not override valid pole attachment agreements that were in place before June 29, 2021. Fla. Stat. § 366.97(4).
Putting fiber in the public right of way
A fiber builder also needs permission to occupy the public roads and rights of way where the poles sit or where conduit will be buried. The rules split between state highways and local roads.
State highways and the FDOT Utility Accommodation Manual
The Florida Department of Transportation (FDOT) may prescribe and enforce reasonable rules for placing utility lines in state highway rights of way. Fla. Stat. § 337.401(1)(a). A utility may not be installed, located, or relocated without a written permit from the authority, although for public roads under the department’s jurisdiction, a utility relocation schedule and relocation agreement may be executed in lieu of a written permit. Fla. Stat. § 337.401(2).
The operative document is the FDOT Utility Accommodation Manual, last issued in 2017. FDOT Utility Accommodation Manual. It requires that any longitudinal fiber optic line placed within an interstate right of way be installed as near the right of way line as practicable. The manual governs permit applications, placement standards, and relocation obligations.
Local roads and the nondiscrimination rule
Counties and cities also control their own rights of way. But the law limits their power in ways that help fiber builders. A municipality or county must treat communications services providers in a nondiscriminatory and competitively neutral manner. It may not require an individual license, franchise, or other agreement as a condition of placing or maintaining communications facilities in its roads or rights of way. Fla. Stat. § 337.401(3)(a). A municipality or county also may not use its authority over the placement of facilities in its roads and rights of way as a basis for asserting or exercising regulatory control over a provider of communications services regarding matters within the exclusive jurisdiction of the Florida Public Service Commission or the Federal Communications Commission, such as operations, equipment, technology, service quality, or prices. Fla. Stat. § 337.401(3)(g).
There is an important permit exemption. A municipality or county may not require any permit for the maintenance, repair, replacement, extension, or upgrade of existing aerial wireline communications facilities that are already on utility poles, or for aerial wireline facilities between existing wireline communications facility attachments on utility poles by a communications services provider. Fla. Stat. § 337.401(3)(g). For a data center fiber build, this means that once the fiber is up and attached, later work to add strands or upgrade capacity on the same poles should not need a new local permit.
The FPSC complaint process, and why it is an unused tool
When a pole owner and an attaching entity cannot agree on rates, terms, or access, either side can file a complaint with the FPSC. Fla. Stat. § 366.04(8)(e). The complaint must include the parties’ names, a statement of the facts, a copy of the pole attachment agreement if one exists, the disputed issues, the FCC rules or alternative cost methodology the complainant relies on, the dollar amounts in dispute, and a certificate of service. Fla. Admin. Code R. 25-18.010(1). The respondent has 30 calendar days to answer. Fla. Admin. Code R. 25-18.010(3).
The FPSC must take final action at a Commission Conference on a complaint about rates, charges, terms, conditions, and voluntary agreements relative to pole attachments no later than 360 days after the filing date. Fla. Admin. Code R. 25-18.010(5). If the complaint is limited to a denial of access, the decision must come within 180 days. Fla. Admin. Code R. 25-18.010(6).
This process is available but so far unused. As of June 2023, no party had initiated a pole attachment proceeding at the FPSC under its new state authority. HB 1221 Staff Final Bill Analysis. The lack of a body of state precedent creates uncertainty. A data center sponsor should expect to negotiate a voluntary agreement and treat the FPSC complaint as a backstop, not a first move.
How the rules hit a real Florida data center fiber project
The legal framework sets the cost, schedule, and risk for a fiber build in concrete ways.
- Rate. On an investor-owned utility pole, the rate is whatever the parties agree to, but the FPSC can review it for reasonableness. On a municipal pole, the rate could be $1 if the fiber serves an unserved end user, but that is rarely the case for a data center. Otherwise, the prevailing municipal rate applies, and the 2018 average was $23.32 per pole. FCC BDAC survey, Fla. Stat. § 366.04(8), Florida Revenue Estimating Conference, Fla. Stat. § 288.9963. Negotiating a lower rate can matter a great deal when a route uses thousands of poles.
- Timing. A voluntary pole attachment agreement can be reached in weeks or months. If the parties reach an impasse and go to the FPSC, the timeline stretches to up to 360 days. That delay could push a AI data center’s in service date.
- Redundant poles. A hardening project along the route can force a 180 day relocation deadline. Missing that deadline means the pole owner can do the work and bill the fiber builder, which can add unbudgeted cost and remove control over the build.
- Right-of-way permits. A new build along a state highway requires an FDOT permit under the Utility Accommodation Manual. Placement must be near the right-of-way line. Local roads generally do not require a franchise for communications services providers, and later upgrades of existing aerial wireline communications facilities on the same poles are exempt from permits. Fla. Stat. § 337.401(3)(a), Fla. Stat. § 337.401(3)(g).
Several recent Florida projects illustrate the range.
- Lightpath expanded its Miami network in October 2024, adding eight new on net AI data centers and building 15 miles of new subterranean fiber. It then launched a dark fiber service that could be turned up between Miami data centers in as fast as five days. Lightpath press release.
- HostDime’s Orlando AI data center, delivered in early 2026, uses dual path protected dark fiber to Miami and connects to at least a dozen Tier 1 bandwidth providers. HostDime. That kind of build requires pole attachments and right of way permits across multiple counties.
- DC Blox is developing an AI data center and cable landing station in Palm Coast, with an easement for up to six subsea cables landing at Flagler Beach. The project will need right of way permits through Palm Coast for the cable route. FlaglerLive.
- An undisclosed company has proposed a 7 million square foot AI data center campus in Osceola County, which if approved would be one of the largest in the nation. News report. A project of that scale will certainly require miles of new fiber and hundreds of pole attachments.
None of these projects publicly disclosed litigating a pole attachment dispute at the FPSC. That is consistent with the fact that the FPSC complaint docket is empty. For now, the real work happens through negotiated agreements.
Key deadlines and numbers
| Item | Deadline or number | Source |
|---|---|---|
| Advance notice for major pole hardening projects | 180 calendar days | Fla. Stat. § 366.97(1) |
| Attaching entity must remove its pole attachments from a redundant pole within 180 calendar days after receipt of notice from the pole owner requesting removal | Fla. Stat. § 366.97(2)(a) | |
| Payment window for pole owner transfer invoice | 60 days | Fla. Stat. § 366.97(2)(b) |
| FPSC final action on pole attachment complaint | Within 360 days | Fla. Admin. Code R. 25-18.010(5) |
| FPSC final action on denial-of-access complaint | Within 180 days | Fla. Admin. Code R. 25-18.010(6) |
| Respondent’s answer to complaint | 30 calendar days | Fla. Admin. Code R. 25-18.010(3) |
| Negotiation window for municipal pole agreement (if none exists) | 90 days | Fla. Stat. § 288.9963(3)(d) |
| Broadband provider must make all reasonable efforts to make broadband service available under $1 rate | 12 months (or may be required to pay prevailing rate) | Fla. Stat. § 288.9963(3)(c) |
| Useful life of wood pole (for replacement cost rules) | At least 30 years | Fla. Stat. § 288.9963(5) |
| Useful life of concrete, steel, or ductile iron pole | At least 50 years | Fla. Stat. § 288.9963(5) |
Key takeaways
- Florida’s pole attachment rules are still new. The FPSC has not yet decided a single case. A data center sponsor should assume that the main path is a negotiated agreement with the pole owner.
- Determine which pole owner you are dealing with early. The rules and the rate environment are different for investor-owned utilities, cooperatives, and municipal utilities.
- The $1 per pole per year promotional rate for municipal poles is attractive but does not fit most AI data center builds because it requires proving the fiber will serve an unserved or underserved end user. Regular municipal rates are among the highest in the nation.
- Be ready for hardening projects. Track NJUNS notices and know that the 180 day clock to move your attachments from a redundant pole can start while you are still building. Missing that deadline shifts the cost and the work to the pole owner.
- Right-of-way permits on state highways follow the FDOT Utility Accommodation Manual. Local governments cannot require a franchise or a license, and later upgrades on existing aerial attachments are exempt from permits.
- The FPSC complaint process gives a legal remedy within 180 to 360 days, but it is untested. Build that timeline into your project plan if you think a dispute is likely.
- Because no state precedent exists, an AI data center developer and its fiber contractor should document their rate negotiations carefully. If a dispute does reach the FPSC, the quality of the cost evidence will matter.
Frequently asked questions
Q:How is a pole defined under Florida law?
A:
A pole means a pole used for electric distribution, streetlights, communications services, local exchange services, or cable TV that is owned in whole or part by a pole owner. It does not include poles used only for wireless facilities or poles with no electrical attachments. Fla. Stat. § 366.02(5).
Q:What is an attaching entity?
A:
An attaching entity is the statutory term for a local exchange carrier, public utility, communications services provider, broadband service provider, or cable television operator that owns or controls pole attachments. Fla. Stat. § 366.02(1) provides the full definition. Fla. Stat. § 366.02(1).
Q:Who controls the rate for an investor-owned utility pole?
A:
The FPSC must ensure the rate is just and reasonable. The law encourages a voluntary agreement. The FPSC shall hear and resolve complaints and shall apply FCC decisions and orders and any appellate court decisions reviewing an FCC order regarding pole attachment rates, terms, or conditions unless a pole owner or attaching entity establishes by competent substantial evidence that an alternative cost-based pole attachment rate is just and reasonable and in the public interest. Fla. Stat. § 366.04(8)(e).
Q:Can a local government charge a franchise fee for fiber in the right of way?
A:
No. A municipality or county may not require a provider of communications services to apply for or enter into an individual license, franchise, or other agreement as a condition of placing or maintaining communications facilities in its roads or rights of way. Fla. Stat. § 337.401(3)(a).
Q:What happens if I do not remove my attachments from a redundant pole in time?
A:
The pole owner or its agent can transfer or relocate your attachments to the new pole at your expense, invoice you, and you must pay within 60 days after receipt. The pole owner may sue in circuit court and, if it prevails, is entitled to prejudgment interest at the prevailing statutory rate and reasonable attorney fees and court costs. Upon receipt of written notice by the pole owner, you must indemnify, defend, and hold harmless the pole owner and its directors, officers, agents, and employees from liability arising from the transfer, except to the extent of any finding of negligence or willful misconduct. Fla. Stat. § 366.97(2)(b).
Q:How long does a pole attachment complaint take at the FPSC?
A:
A complaint about rates or terms must be decided within 360 days. A complaint limited to denial of access relative to pole attachments must be decided within 180 days. Fla. Admin. Code R. 25-18.010(5)-(6). To date, no such complaint has been filed.
Q:Can I use the $1 municipal pole rate for an AI data center fiber build?
A:
Probably not. The promotional rate requires that the fiber make broadband service available to an unserved or underserved end user. A fiber line built solely to connect an AI data center is unlikely to meet that test. Fla. Stat. § 288.9963(3).
Q:Do I need a permit to upgrade existing aerial fiber on poles?
A:
No. A municipality or county may not require a permit for the maintenance, repair, replacement, extension, or upgrade of existing aerial wireline communications facilities on utility poles. Fla. Stat. § 337.401(3)(g).
Q:Are electric cooperative poles subject to FPSC regulation?
A:
Only if the cooperative provides broadband service directly, through an affiliate, or under a third-party agreement, or if it takes state or federal broadband grants. Ch. 2023-199, Laws of Fla.. As of 2023, five of Florida’s 18 cooperatives had some broadband activity. HB 1221 Staff Analysis.
Q:Where can I find the FDOT rules for placing fiber in a highway right of way?
A:
The FDOT Utility Accommodation Manual (2017 edition) sets the standards. It prohibits longitudinal utility lines on limited access right of way unless they exclusively serve FDOT and, for underground utilities, requires placement that does not interfere with highway operations or planned expansion. FDOT Utility Accommodation Manual.
Subscribe to The Compute Law Brief
The Compute Law Brief is a free weekday newsletter on the law of AI infrastructure across tax, real estate, construction, power, and deals. The big US build markets and federal law. Three minutes a morning. No paywall, and no email gate to read the blog. Subscribe if you want it in your inbox.
Junde Liu, JD, LL.M. (Taxation) candidate at UF Law. Originally published on Compute Law Blog. This article is general information and does not constitute legal advice. Reading it does not create an attorney client relationship. The reader should not act on the basis of any content here without first consulting a licensed attorney in the relevant state. Last reviewed for accuracy May 23, 2026.